Your firm has been hired by Smallville, which is a small town on the edge of Metropolis,

Fantastic news! We've Found the answer you've been seeking!

Question:

Your firm has been hired by Smallville, which is a small town on the edge of Metropolis, to draft some ordinances for their city council's consideration. The Smallville council wants the town to retain its small town values, even though it is becoming a suburb of the larger nearby city. Smallville wants you to draft an ordinance similar to the one below, which they got from another town. Smallville, however, wants to have an ordinance for funeral processions only, omitting the military convoy information. Your firm has a reputation for drafting outstandingly clear regulations and that is why Smallville hired the firm. Revise the language to make the statute legally precise and understandable to the average reader.

999.20 Right-of-way of funeral processions and military convoys.

(1) Except as provided in sub. (4), the operator of a vehicle not in a

funeral procession or military convoy shall yield the right-of-way at an intersection to vehicles in a funeral procession or military convoy when vehicles comprising such procession have their headlights lighted.

(2) The operator of a vehicle not in a funeral procession shall not drive the vehicle between the vehicles of the funeral procession, except when authorized to do so by a traffic officer or when such vehicle is an authorized emergency vehicle giving audible signal by siren.

(3) Operators of vehicles not a part of a funeral procession or military convoy shall not form a procession or convoy and have their headlights lighted for the purpose of securing the right-of way granted by this section to funeral processions or military convoys.

(4)(a) Operators of vehicles in a funeral procession or military convoy shall yield the right-of-way in accordance with s. 999.19 upon the approach of an authorized emergency vehicle giving audible signal by siren.

(b) Operators of vehicles in a funeral procession or military convoy shall yield the right-of-way when directed to do so by a traffic officer.

(c) The operator of the leading vehicle in a funeral procession or military convoy shall comply with stop signs and traffic control signals, but when the leading vehicle has proceeded across an intersection in accordance with such signal or after stopping as required by the stop sign, all vehicles in such procession may proceed without stopping, regardless of the sign or signal.

999.205 Owner's liability for vehicle failing to yield the right of-way to a funeral procession.

(1) The owner of a vehicle involved in a violation of s. 999.20 (1) for

failing to yield the right-of-way to a funeral procession shall be liable for the violation as provided in this section.

(2) The operator of a lead vehicle or a motorcycle escort in a funeral procession who observes a violation of s. 999.20 (1) for failing to yield the right-of-way to a funeral procession may make a written report indicating that a violation has occurred. If possible, the report shall contain the following information:

(a) the time and the approximate location at which the violation occurred.

(b) the license number and color of the vehicle involved in the violation.

(c) identification of the vehicle as an automobile, station wagon, motor truck, motor bus, motorcycle or other type of vehicle.

(3) Within 24 hours after observing the violation, the operator of the lead vehicle or motorcycle escort may deliver the report to a traffic officer of the county or municipality in which the violation occurred. A report that does not contain all the information in sub. (2) shall nevertheless be delivered and shall be maintained by the county or municipality for statistical purposes.

(4) (a) Within 48 hours after receiving a report containing all the information in sub. (2), the traffic officer may write a uniform traffic citation under s. 999.11 and may personally serve it upon the owner of the vehicle.

(b) If with responsible diligence the owner cannot be served under par. (a), service may be made by leaving a copy of the citation at the owner's usual place of abode within this state in the presence of a competent member of the family at least 14 years of age, who shall be informed of the contents thereof.

(c) If with reasonable diligence the owner cannot be served under par. (a) or (b) or if the owner lives outside of the jurisdiction of the issuing authority, service may be made by certified mail addressed to the owner's last-know address.

(5)(a) Except as provided in par.(b), it shall be no defense to a violation of this section that the owner was not operating the vehicle at the time of the violation.

(b) The following are defenses to a violation of this section:

(1) that a report that the vehicle was stolen was given to a traffic officer before the violation occurred or within a reasonable time after the violation occurred.

(2) if the owner of the vehicle provides a trafficofficer with thename and address of the person operating thevehicle at the time of the violation and the person so named admits operating the vehicle at the time of the violation, then the person operating the vehicle and not the owner shall be charged under this section.